Resolution 2018-09RESOLUTION NO. 2018-09
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY
RECOMMENDING APPROVAL OF TENTATIVE MAP TM 17 -01,
CREATING 23 MULTI - FAMILY CONDOMINIUM LOTS, ON WHICH
UP TO 125 TOWNHOUSE UNITS WILL BE CONSTRUCTED; THREE
PARCELS THAT WILL BE DEVELOPED WITH PUBLIC FACILITIES
(A FIRE STATION AND TWO PUBLIC TRAILS); SEVEN PRIVATE
OPEN SPACE LOTS; FOUR LOTS FOR FUTURE DEVELOPMENT;
AND ASSOCIATED PUBLIC AND PRIVATE STREETS, LOCATED
WITHIN THE GLEN LOMA RANCH SPECIFIC PLAN AREA, NORTH
OF SANTA TERESA BOULEVARD, BETWEEN WEST TENTH STREET
AND MILLER AVENUE, APNS 808 -18 -003 (portion); 808 -19 -010 (portion),
808 -19 -022, 808 -19 -023, 808 -19 -024 (portion), FILED BY GLEN LOMA
CORPORATION
WHEREAS, The Glen Loma Corporation submitted an application requesting a tentative
map to subdivide an approximate 103 + /- acre site into 23 multi - family condominium lots, on
which up to 125 townhouse units will be constructed; three parcels that will be developed with
public facilities (a fire station and two public trails); seven private open space lots; four lots for
future development; and associated public and private streets; and
WHEREAS, the subject property is located within the Glen Loma Ranch Specific Plan
area, north of Santa Teresa Boulevard, between West Tenth Street and Miller Avenue,
commonly known as Town Center at Glen Loma Ranch; and
WHEREAS, the Planning Commission of the City of Gilroy has considered the tentative
map (TM 17 -01), in accordance with the Gilroy Zoning Ordinance, and other applicable
standards and regulations; and
WHEREAS, TM 17 -01 was referred to various public utility companies and City
departments, including the Technical Advisory Committee for recommendations; and
WHEREAS, on November 7, 2005, the City of Gilroy adopted the Glen Loma Ranch
Specific Plan; and
WHEREAS, on November 21, 2005, the City of Gilroy adopted the Glen Loma Ranch
Development Agreement; and
WHEREAS, an environmental impact report (EIR) was prepared and certified for this
site on November 7, 2005 as part of the review of application GPA 00 -01; and
WHEREAS, the California Environmental Quality Act (CEQA) Guidelines section
15182, Residential Projects Pursuant to a Specific Plan, exempts residential projects pursuant to
a specific plan from further environmental review under CEQA, as long as the project meets the
requirements of that section, and City Staff has determined that the proposed residential
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subdivision meets the requirements of section 15182 such that no further environmental analysis
is required by CEQA; and
WHEREAS, a mitigation monitoring and reporting plan has been prepared, consistent
with the certified EIR; and
WHEREAS, the Planning Commission held a duly noticed public hearing on March 1,
2018, at which time the Planning Commission considered the public testimony, the staff report
dated March 1, 2018 ( "Planning Commission Staff Report"), and all other documentation related
to TM 17 -01, and recommended that the City Council approve TM 17 -01 with 102 conditions;
and
WHEREAS, the City Council held a duly noticed public hearing on April 16, 2018, at
which time the City Council considered the public testimony, the staff report dated April 16,
2018 ( "City Council Staff Report"), and all other documentation related to TM 17 -01; and
WHEREAS, the City Council finds that TM 17 -01 conforms to the City's General Plan
and elements thereof, including the "Glen Loma Ranch Specific Plan" and the "Neighborhood
District Policy "; and
NOW, THEREFORE, BE IT RESOLVED THAT:
SECTION I
The City Council hereby finds as follows:
1. TM 17 -01 is generally consistent with the intent of the goals and policies of
the "Glen Loma Ranch Specific Plan."
2. TM 17 -01 is generally consistent with the intent of the goals and policies of
the City's "Neighborhood District Policy."
3. TM 17 -01 is generally consistent with the intent of the goals and policies of
the City's General Plan.
4. TM 17 -01 is consistent with the Zoning Ordinance and the City's Subdivision
and Land Development Code, and the State Subdivision Map Act.
5. TM 17 -01 is physically suitable for the type of development.
6. The design of TM 17 -01 are not likely to cause substantially environmental
damasze or substantially and avoidably injure fish or wildlife or their habitat.
7. The desigq of TM 17 -01 is not likely to cause serious public health problems.
8. The design of TM 17 -01 will not conflict with easements, acquired by the
public at large, for access through or the use of, property within the TM 17-
01.
9. Public utilities and infrastructure improvements needed in order to serve TM
17 -01 are in close proximity.
This is a conditional of approval not a finding for TM approval
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SECTION II
The City Council of the City of Gilroy hereby approves TM 17 -01, subject to the 102
conditions of approval set forth in Exhibit "A" attached hereto.
PASSED AND ADOPTED this 7"' day of May, 2018, by the following roll call
vote:
AYES: COUNCIL MEMEBERS: BLANKLEY, BRACCO, HARNEY, LEROE-
MUNOZ, TOVAR, TUCKER and VELASCO
NOES: COUNCIL MEMBERS: NONE
ABSENT: COUNCIL MEMBERS: NONE
ATTEST:
Shawna Freels, City Clerk
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EXHIBIT A
CONDITIONS OF APPROVAL
TM 16 -03
PLANNING DIVISION STANDARD CONDITIONS
1. The applicant will be required to mitigate for the removal of significant trees by
obtaining a tree removal permit, which will require replacement of significant trees,
in accordance with the City's Consolidated Landscaping Policy.
2. The subdivider shall defend, indemnify, and hold harmless the City, its City Council,
Planning Commission, agents, officers, and employees from any claim, action, or
proceeding against the City or its City Council, Planning Commission, agents,
officers, and employees to attack, set aside, void, or annul an approval of the City,
City Council, Planning Commission, or other board, advisory agency, or legislative
body concerning this subdivision. City will promptly notify the subdivider of any
claim, action, or proceeding against it, and will cooperate fully in the defense. This
condition is imposed pursuant to California Government Code Section 66474.9.
3. The Final Map shall substantially comply with the Tentative Map prepared by
Ruggeri Jensen Azar, dated October 2017 and stamped approved, except as modified
by the City Council's approval of this application and the conditions of approval.
4. The developer shall submit a copy of the Conditions, Covenants and Restrictions
(CC &Rs) to the Planning Division concurrent with final map submittal.
Homeowners' Association documentation, Conditions, Covenants and Restrictions
and/or property owner's Maintenance Agreements shall be approved by the Planning
Division prior to the map being released for recordation.
5. With the exception of lots that received an exemption from the application of the
City's Residential Development Ordinance (RDO) (City Zoning Ordinance Sections
50.60 et seq.), no building permit shall be issued in connection with this project if the
owner or developer of such development (i) is not in compliance with the RDO, any
conditions of approval issued in connection with such development, or other City
requirements applicable to such development; or (ii) is in default under any
agreement entered into with the City in connection with such development pursuant
to the RDO.
PLANNING DIVISION SPECIAL CONDITIONS
The following MITIGATION MEASURES, which are contained within the EIR and
EIR addendum, prepared pursuant to the California Environmental Quality Act, and
as modified based upon changes in applicable regulations, are included as conditions
of approval.
6. Project proponents shall specify in project plans the implementation of the following
dust control measures during grading and construction activities for any proposed
development. The measures shall be implemented as necessary to adequately control
dust, subject to the review and approval by the City of Gilroy Engineering Division
(corresponds to EIR Mitigation Measure 3):
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The following measures shall be implemented at all construction sites:
• Water all active construction areas at least twice daily;
• Cover all trucks hauling soil, sand, and other loose materials or require all trucks
to maintain at least two feet of freeboard;
• Pave, apply water three times daily, or apply (non- toxic) soil stabilizers on all
unpaved access roads, parking areas and staging areas at construction sites;
• Sweep daily (with water sweepers) all paved access roads, parking areas and
staging areas at construction sites; and
• Sweep streets daily (with water sweepers) if visible soil material is carried onto
adjacent public streets.
The following measures shall be implemented at all construction sites greater than
four acres in area:
• Hydroseed or apply (non- toxic) soil stabilizers to inactive construction areas
(previously graded areas inactive for ten days or more);
• Enclose, cover, water twice daily or apply (non- toxic) soil binders to exposed
stockpiles (dirt, sand, etc.);
• Limit traffic speeds on unpaved roads to 15 mph;
• Install sandbags or other erosion control measures to prevent silt runoff to public
roadways; and
• Replant vegetation in disturbed areas as quickly as possible.
The following measures are strongly encouraged at construction sites that are large in
area, located near sensitive receptors or which for any other reason may warrant
additional emission reductions:
• Install wheel washers for all existing trucks, or wash off the tires or tracks of all
trucks and equipment leaving the site;
• Install wind breaks, or plant trees /vegetative wind breaks at windward side(s) of
construction areas;
• Suspend excavation and grading activity when winds (instantaneous gusts) exceed
25 miles per hour; and
• Limit the area subject to excavation, grading and other construction activity at any
one time.
7. The applicant shall obtain a Santa Clara Valley Habitat Plan permit from the City of
Gilroy, prior to issuance of a grading permit. The permit shall include all applicable
project conditions (corresponds to EIR Mitigation Measure 4).
8. Subject to the review of the City of Gilroy Planning Division, no more than 30 days
prior to commencement of grading or construction activities for development
proposed in or adjacent to potential nesting habitat (i.e., riparian woodland and oak
woodland), a tree survey shall be conducted by a qualified biologist to determine if
active nest(s) of protected birds are present in the trees. Areas within 200 feet of the
construction zone that are not within the control of the applicant shall be visually
assessed from the project site. This survey shall be required only if any construction
would occur during the nesting and/or breeding season of protected bird species
potentially nesting in the tree (generally March 1 through August 1). If active nest(s)
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are found, clearing and construction within 200 feet of the tree, or as recommended
by the qualified biologist, shall be halted until the nest(s) are vacated and juveniles
have fledged and there is no evidence of a second attempt at nesting, as determined
by the qualified biologist. If construction activities are not scheduled between March
1 and August 1, no further shrike or tree surveys shall be required (corresponds to
EIR Mitigation Measure 5).
Subject to the review of the City of Gilroy Planning Division, no more than 30 days
prior to commencement of grading or construction activities for development
proposed in or adjacent to potential roost habitat (i.e., riparian woodland and oak
woodland), pre - construction surveys for bat roosts shall be performed by a qualified
biologist. If bat roost sites are found, the biologist shall implement a program to
remove /displace the bats prior to the removal of known roost sites. In addition, an
alternate roost site shall be constructed in the vicinity of the known roost site.
Specifications of the alternate roost shall be determined by a bat specialist
(corresponds to EIR Mitigation Measure 6).
Prior to approval of each tentative map or use permit, project plans for future
development on the project site shall be designed to avoid unnecessary filling or other
disturbance of natural drainage courses and associated oak/riparian woodland
vegetation to the greatest extent feasible, subject to review and approval of the City of
Gilroy Planning Division. In the event that disturbance of site drainages and
associated oak/riparian woodland vegetation cannot be avoided (i.e., Reservoir
Canyon Creek Bridge construction, culverts, storm drain outfalls, etc.), authorization
from the California Department of Fish and Game through Section 1600 et. seq. of
the Fish and Game Code and/or the U.S. Army Corps of Engineers through Section
404 of the Clean Water Act and the Regional Water Quality Control Board through
Section 401 of the Clean Water Act shall be obtained, if required, prior to issuance of
building or grading permits for any activity that might encroach on the site's
drainages. Conditions imposed on these permits and/or authorizations may include
but not be limited to the following (corresponds to EIR Mitigation Measure 8):
• Construction work shall be initiated and completed during the summer and fall
months when the drainages are dry, or at least have a very low flow. Typically, no
construction work shall be allowed between October 15th and April 15th.
• A Habitat Restoration Plan shall be prepared to identify the exact amount and
location of affected and replacement habitat, to specify on -site revegetation with
locally- obtained native species within the buffer areas to mitigate habitat loss, and
to provide specifications for installation and maintenance of the replacement
habitat. Any loss of riparian or wetland vegetation resulting from construction
activities shall be mitigated on -site at a minimum 3:1 replacement ratio.
11. Any loss of oak and/or riparian woodland habitat resulting from development shall
require the project proponent to retain a qualified biologist to prepare a Habitat
Restoration Plan to identify the exact amount and location of affected and
replacement habitat, specify an appropriate plant palette, and provide specifications
for installation and maintenance of the replacement habitat. Replacement vegetation
shall consist of locally - obtained native plant species. Any loss of riparian woodland
vegetation shall be mitigated on -site at a minimum of 3:1 replacement ratio, unless
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otherwise determined by the Department of Fish and Game and the City of Gilroy.
Any loss of oak woodland vegetation shall require preservation of on -site oak
woodland at a ratio of 3:1 and replanting on -site at a ratio of 1:1, unless otherwise
determined by the Department of Fish and Game and the City of Gilroy. The Habitat
Restoration Plan shall be prepared prior to issuance of building or grading permits for
any activity requiring removal of oak and/or riparian woodland habitat, subject to
review and approval of the City of Gilroy Planning Division and California
Department of Fish and Game (corresponds to EIR Mitigation Measure 9).
12. Prior to issuance of grading and/or building permits, subject to the review of the
Gilroy Planning Division, the project applicant shall install siltation fencing, hay
bales, or other suitable erosion control measures along portions of natural and
manmade drainage channels in which construction will occur and within 20 feet of
construction and/or staging areas in order to prevent sediment from filling the creek
(corresponds to EIR Mitigation Measure 13).
13. Prior to issuance of building permits, the project proponent of any future development
on the project site shall submit a Landscape Plan, for review and approval by the City
of Gilroy Planning Division. Landscaping plans for areas adjacent to riparian habitat
shall include appropriate guidelines to prevent contamination of drainages and their
associated riparian habitat by pesticides, herbicides, fungicides, and fertilizers.
Landscaping shall include appropriate native plants species and should not include
plantings of non - native, invasive plant species (corresponds to EIR Mitigation
Measure 14).
14. Prior to approval of a tentative map for each phase of the proposed project requiring
removal or alteration to potential wetlands and /or waters of the U.S., a wetland
delineation shall be prepared according to U.S. Army Corps of Engineers guidelines.
The actual acreage of impacts to waters of the U.S. and wetlands shall be determined
based on project plans for each development project and the wetland delineation for
each development phase. The project proponent shall obtain all necessary permits
and /or approvals from the U.S. Army Corps of Engineers and shall retain a
restoration specialist to prepare a detailed wetland mitigation plan, if necessary,
subject to review and approval by the U.S. Army Corps of Engineers and the City of
Gilroy Planning Division. The plan shall include, but not be limited to, creation of
wetlands on site to mitigate for unavoidable impacts to waters of the U.S. and
wetlands resulting from development activities (corresponds to EIR Mitigation
Measure 15).
15. A schematic lighting plan shall be submitted with each development proposal for
review and approval by the Planning Division. Exterior lighting for any development
proposed adjacent to open space areas shall be of low stature (i.e., 20 feet) and shall
be of a full cutoff design or include opaque shields to reduce illumination of the
surrounding landscape. Lighting shall be directed away from open space areas
(corresponds to EIR Mitigation Measure 16).
16. Prior to approval of a tentative map for each phase of the proposed project containing
or adjacent to preserved natural open space areas, a signage plan shall be prepared to
outline the language, number and location of signs to dissuade people from straying
off trails and to prohibit unleashed dogs in the open space areas, subject to approval
by the City of Gilroy Planning Division (corresponds to EIR Mitigation Measure 17).
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17. Prior to commencement of construction activities, the protected zone of any trees or
groups of trees to be retained shall be fenced to prevent injury to the trees during
construction. Soil compaction, parking of vehicles or heavy equipment, stockpiling
of construction materials, and/or dumping of materials shall not be allowed within the
protected zone. The fencing shall remain in place until all construction activities are
complete (corresponds to EIR Mitigation Measure 19).
18. Project proponents shall submit a soils investigation prepared by a qualified soils
engineer for future development on the project site. The recommendation of the soils
investigation shall be incorporated into final building plans, subject to the review and
approval by the Gilroy Engineering Division prior to approval of any building permits
(corresponds to EIR Mitigation Measure 20).
19. The project applicant shall design all structures in accordance with the Uniform
Building Code for seismic design. In addition, all recommendations in the
geotechnical reports prepared for the project shall be implemented. Structural design
is subject to the review and approval by the Gilroy BLES Division prior to the
issuance of building permits (corresponds to EIR Mitigation Measure 21).
20. Each tentative map shall include a detention pond or ponds to collect storm water in
the case of 2 -, 10 -, 25 -, and 100 -year peak storm events. Detention ponds shall be
designed according to the recommendations presented in the Hydrologic Analysis
(Schaaf & Wheeler 2005) and should include, but not be limited to the following
(corresponds to EIR Mitigation Measure 23):
a. The pond(s) should be located to collect the storm water runoff from the project
site and discharge to the existing drainage corridors and/or the existing outfalls
tributary to Uvas Creek.
b. Any discharge from the pond(s) should release a maximum of storm water runoff
for pre - project conditions (see tables 18 and 19 in the Draft EIR).
c. The pond(s) should be sized a total of approximately 8.9 acre -feet to provide for
appropriate storm water quantities and filter pollutants for the purpose of water
quality.
d. The pond(s) shall not replace any proposed preserved open space at the project
site, that was assumed to provide flood control and water quality benefits modeled
in the Hydrological Analysis (Schaaf & Wheeler 2003).
21. The project applicant for any proposed development on the project site, shall, for each
phase of the development, submit a Notice of Intent (NOI) and detailed engineering
designs to the Central Coast RWQCB. The associated permit shall require
development and implementation of a SWPPP that uses storm water "Best
Management Practices" to control runoff, erosion and sedimentation from the site.
The SWPPP must include Best Management Practices that address source reduction
and, if necessary, shall include practices that require treatment. The SWPPP shall be
submitted to the City of Gilroy Engineering Division for review and approval prior to
approval of a building permit for each phase of the project (corresponds to EIR
Mitigation Measure 24).
22. The project applicant shall submit plans for review by, and obtain an approved permit
from the Santa Clara Valley Water District for any work that requires a permit from
the water district (corresponds to EIR Mitigation Measure 25).
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23. Future applicants in the Glen Loma Ranch specific plan area shall prepare a post -
construction storm water management plan, subject to the review and approval of the
Gilroy Engineering Division prior to the approval of final improvement plans, that
shall include structural and non - structural best management practices (BMPs) for the
reduction of pollutants in storm water to the maximum extent practicable
(corresponds to EIR Mitigation Measure 26).
24. Prior to issuance of a grading permit for all areas within the Specific Plan area, the
following measures shall be incorporated into the project plans to mitigate
construction noise, subject to the review and approval of the City of Gilroy
Engineering Division (corresponds to EIR Mitigation Measure 28):
a. Construction shall be limited to weekdays between 7 AM and 7 PM and
Saturdays and holidays between 9 AM and 7 PM, with no construction on
Sundays;
b. All internal combustion engine- driven equipment shall be equipped with mufflers
that are in good condition and appropriate for the equipment; and
c. Stationary noise - generating equipment shall be located as far as possible from
sensitive receptors when sensitive receptors adjoin or are near a construction
project area.
25. Add an eastbound and a westbound left -turn lane on the Fitzgerald and Masten
approaches to the Monterey Road/Masten Avenue intersection, and change the east -
west signal phasing from split phasing to protected phasing (corresponds to EIR
Mitigation Measure 30).
This intersection is within the City of Gilroy's Transportation Master Plan and
therefore, impact fees are collected for improvements at this intersection. Therefore,
implementation of this mitigation measure is the responsibility of the project
proponent, prior to issuance of the first building permit. Payment of the Traffic
Impact Fee shall satisfy this mitigation measure.
26. Prior to the first building occupancy in the third phase of the Glen Loma Ranch
Specific Plan development, signalize the Santa Teresa Boulevard/Fitzgerald Avenue
intersection and add eastbound and westbound left turn lanes (corresponds to EIR
Mitigation Measure 34).
The project proponent shall be responsible for paying for the design and
implementation of this mitigation measure, prior to the issuance of the first building
permit in Phase II.
Partial mitigation (installation of a signal) for this intersection has been completed.
The remaining improvements shall be deferred until the first occupancy permit in
Phase 3.
27. Due to the possibility that significant buried cultural resources might be found during
construction, the following language shall be included on any permits issued for the
project site, including, but not limited to building permits for future development,
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subject to the review and approval of the Gilroy Planning Division (corresponds to
EIR Mitigation Measure 45):
If archaeological resources are discovered during construction, work shall be halted
within 50 meters (165 feet) of the find until a qualified professional archaeologist can
evaluate it. If the find is determined to be significant, appropriate mitigation
measures shall be formulated and implemented.
28. In the event of an accidental discovery or recognition of any human remains in any
location other than a dedicated cemetery, the City shall ensure that this language is
included in all permits in accordance with CEQA Guidelines section 15064.5(e),
subject to the review and approval of the City of Gilroy Planning Division
(corresponds to EIR Mitigation Measure 46):
If human remains are found during construction there shall be no further excavation
or disturbance of the site or any nearby area reasonably suspected to overlie adjacent
human remains until the coroner of Santa Clara County is contacted to determine that
no investigation of the cause of death is required. If the coroner determines the
remains to be Native American the coroner shall contact the Native American
Heritage Commission within 24 hours. The Native American Heritage Commission
shall identify the person or persons it believes to be the most likely descendent
(MLD) from the deceased Native American. The MLD may then make
recommendations to the landowner or the person responsible for the excavation work,
for means of treating or disposing of, with appropriate dignity, the human remains
and associated grave goods as provided in Public Resources Code Section 5097.98.
The landowner or his authorized representative shall rebury the Native American
human remains and associated grave goods with appropriate dignity on the property
in a location not subject to further disturbance if: a) the Native American Heritage
Commission is unable to identify a MLD or the MLD failed to make a
recommendation within 24 hours after being notified by the commission; b) the
descendent identified fails to make a recommendation; or c) the landowner or his
authorized representative rejects the recommendation of the descendent, and the
mediation by the Native American Heritage Commission fails to provide measures
acceptable to the landowner.
29. Residential fire sprinklers shall be installed in all residences within the specific plan
area over 3,000 square feet, including single - family and multi - family town homes or
apartments, and residential clusters with more than 25 units that lack secondary
access. Residential fire sprinklers shall be installed prior to occupancy. Prior to
approval of future development projects within the specific plan area, the City Fire
Marshal may require that all residences have residential fire sprinkler systems,
regardless of conditions stated above, especially if streets are narrow, buildings are
closely spaced, emergency response time is not met, there is inadequate fire flow,
building are adjacent to natural areas, or other conditions exist that could hinder the
ability of the City of Gilroy Fire Department to perform fire suppression acts in such
case they would be needed. The sprinklers shall be designed and installed in
accordance with City of Gilroy Fire Department policies (corresponds to EIR
Mitigation Measure 50).
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30. Prior to final map approval for the BMR site, the developer shall reduce the height of
the north boundary retaining wall to a maximum height of six (6) feet, in accordance
with "Conceptual North Boundary Retaining Wall Exhibit" dated January 2018.
31. Prior to final map approval for the BMR site, the developer shall enter into a
maintenance agreement to maintain the north boundary wall, subject to review and
approval by the planning and engineering divisions.
ENGINEERING DIVISION CONDITIONS
32. GENERAL — Proposed Development shall comply with all terms and conditions
specified in the Development Agreement between City of Gilroy and Glen Loma
Ranch, Doc 19158828.
33. GENERAL - All improvements shall be designed and constructed in accordance with
the City of Gilroy Municipal Code and Standard Specifications and Details, and is
subject to all laws of the City of Gilroy by reference. Street improvements and the
design of all off -site storm drainage facilities, sewer and water lines, and all street
sections shall be in accordance with City Standards and shall follow the most current
City Master Plan for streets, as approved by the City of Gilroy's Public Works
Director /City Engineer.
34. GENERAL - Until such time as the Improvements are accepted by City, Developer
shall be responsible for and bear the risk of loss to any of the Improvements
constructed or installed.
35. GENERAL - The applicant shall obtain all applicable permits from federal, state, and
local agencies as required to construct the proposed improvements. A copy of these
permits will be provided prior to building permits.
36. GENERAL - All existing utility poles on the property or property frontage shall be
removed, and all utilities placed underground. No new poles are allowed.
37. GENERAL - All existing public utilities shall be protected in place and if necessary
relocated as approved by the City Engineer. No permanent structure is permitted
within City easements without the approval of the City of Gilroy.
38. GENERAL - Prior to any work within public right of way or City easement, the
developer shall obtain an encroachment permit from the City.
39. GENERAL — Prior to building permit issuance, developer shall dedicate necessary
easements for the project development, including but not limited to 16 -foot Public
Service easement along all the project frontages within existing and future public
streets. The private streets shall be designated as a Public Utility Easement (PUE),
Water Line Easement (WLE), and Emergency Vehicle Access Easement (EVAE).
40. GENERAL - The developer shall submit an AutoCAD drawing file of all consultants
composite basemap linework showing all public improvements and utility layouts.
41. GENERAL - The approved construction schedule shall be shared with Gilroy Unified
School District (GUSD) to avoid traffic impacts to surrounding school functions. An
approved construction information handout(s) shall also be provided to GUSD to
share with school parents.
42. FEE - The project is subject to the City's Street Tree, Storm, Sewer, Water, Traffic,
and Public Facilities Development Impact Fees. Payment of Street Tree and Storm
Development Impact Fees is required at first building permit issuance. Sewer, Water,
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Traffic, and Public Facilities Development Impact Fees are due prior to building
occupancy. Note that there will be a fee increase beginning 7/1/2018.
43. FEE - At improvement plan submittal, Developer shall submit an estimate of the
probable cost of improvements and shall pay 40% of the plan check and inspection
fees.
44. FEE - Prior to improvement plan approval, Developer shall pay the remaining 60% of
the plan check and inspection fees and other related fees that the property is subject
to, enter into a property improvement agreement, and provide payment and
performance bonds.
45. GRADING & DRAINAGE - Prior to final map approval, the developer shall submit a
grading plan and a drainage study prepared by a registered Civil Engineer. The
drainage study shall analyze the existing and ultimate conditions and facilities, and
the study shall include all off -site tributary areas. The study and the design shall be in
compliance with the City's Stormwater Management Guidance Manual (latest
edition). Existing offsite drainage patterns, i.e., tributary areas, drainage amount and
velocity shall not be altered by the development. The developer shall satisfy the
conclusions and recommendations of the approved drainage study and storm water
management plan.
46. GRADING & DRAINAGE - All grading activity shall address National Pollutant
Discharge Elimination System (NPDES) requirements. If all or part of the
construction occurs during the rainy season, the developer shall submit an Erosion
Control Plan to the Public Works Director for review and approval. This plan shall
incorporate erosion control devices and other techniques in accordance with
Municipal Code § 27C to minimize erosion. The developer shall have a QSP on site
as necessary to ensure implementation and maintenance of all erosion control
measures. Specific measures to control sediment runoff, construction pollution and
other potential construction contamination sediment runoff, construction pollution
and other potential construction contamination shall be addressed through the Erosion
Control Plan and Storm Water Pollution Prevention Plan (SWPPP). The SWPPP
shall supplement the Erosion Control Plan and project improvement plans. These
documents shall also be kept on -site while the project is under construction. A Notice
of Intent (NOI) shall be filed with the State Water Resources Control Board, with a
copy provided to the Engineering Division before a grading permit will be issued.
WDID# shall be provided prior to the commencement or work.
47. GRADING & DRAINAGE - All grading operations and soil compaction activities
shall be per the approved project's geotechnical report that was prepared for the
design of the project and shall be subject to the approval of the Public Works
Director. Site preparation and cut/fill construction shall be conducted under the
observation of, and tested by, a licensed soils or geotechnical engineer. A report shall
be filed with the City of Gilroy for each phase of construction, stating that all site
preparation and cut/fill construction were performed in conformance with the
requirements of the project's geotechnical report. This shall be subject to review and
approval by the Engineering Division. The developer shall add this condition to the
general notes on the grading plan.
48. GRADING & DRAINAGE - Prior to building permit issuance, the applicant's soils
engineer shall review the final grading and drainage plans to ensure that designs for
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foundations, retaining walls, site grading, and site drainage are in accordance with
their recommendations and the peer review comments. The applicant's soils
engineer's approval shall then be conveyed to the City either by letter or by signing
the plans.
49. TRANSPORTATION - Any work in the public right -of -way shall require a traffic
control plan prepared by a licensed professional engineer with experience in
preparing such plans. Traffic Control Plan shall be prepared in accordance with the
requirements of the latest edition of the California Manual on Uniform Traffic
Control Devices. The Traffic Control Plan shall be approved prior to the
commencement of any work within the public right of way.
50. TRANSPORTATION - The Project shall comply with all the traffic mitigation
measures identified in the project's Traffic Study.
51. TRANSPORTATION - Developer shall submit final photometric plans prior to first
building permit issuance.
52. TRANSPORTATION - Developer shall install all joint trench to have (4) dedicated
112" SCH 80 PVC conduit for City Fiber Optic need in a quad duct arrangement
along public Collector and Arterial streets. Quad duct shall be per City STD EL -11.
53. TRANSPORTATION - Developer shall install all street light conduits as 2" SCH40
PVC per City Standard EL -1 and related pull boxes shall follow City Standard EL -14.
54. TRANSPORTATION - Final streetlight locations shall be to the satisfaction of the
City Transportation Engineer and shall follow City standards.
55. TRANSPORTATION - Developer shall design driveway grades to keep a standard
design vehicle from dragging or "bottoming out" on the street or driveway and to
keep water collected in the street from flowing onto the lots. The details of such
design shall be provided at improvement plan phase and shall be to the satisfaction of
the City Transportation Engineer.
56. FINAL MAP - The Final Tract Map shall be presented to the City Council for review
and action. The City Council meeting will be scheduled approximately fifty (50) days
after the Final Map is deemed technically correct, and Subdivision Improvement
Plans with supporting documents, reports and agreements are approved by the City.
Executed Final Map shall be returned to the City Public Works Department if Final
Map has not been filed in the County Recorder's Office within ninety (90) days from
the date of City Council's approval.
57. MILLER AVE — Upon completion of new Miller Ave and /or W. 10th Street the City
shall vacate the corresponding portions of existing Miller Avenue and all the related
easements. Such construction and vacation may be completed in phases. Prior to tract
acceptance, the developer will be responsible for the removal of all existing utilities
within the portion of existing Miller Ave to be vacated, such removal may be
completed in phases.
58. PUBLIC IMPROVEMENTS - Prior to building permit issuance for a phase of
development within this tentative map, the developer shall obtain improvement plan
approval and bond for the portion of public improvements shown on this tentative
map that are necessary to serve the phase being developed.
59. PUBLIC IMPROVEMENTS — Prior to building permit issuance, developer shall
execute a public improvement agreement and post Payment and Performance bonds
each for 100% of cost for improvement with the City that shall secure the
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construction of the public improvements. Insurance shall be provided per the terms
of the agreement.
60. PUBLIC IMPROVEMENTS - The developer shall repair or replace all existing
improvements not designated for removal that are damaged or removed because of
developer's operations. Developer shall request a walk - through with the Engineering
Construction Inspector before the start of construction to verify existing conditions.
61. PUBLIC IMPROVEMENTS — The developer shall slurry all new public streets prior
to project acceptance. A slurry may not be necessary with approval of the City
Engineer, if after a final inspection the condition of the street is free of any surface
defects.
62. WATER QUALITY — Proposed development shall comply with state mandated
regional permits for both pre - construction and post - construction stormwater quality
requirements per chapter 27D of the Gilroy Municipal Code, and is subject to, but not
limited to, the following:
a. At grading permit phase, submit a final design Stormwater Management Plan and
final signed Performance Requirement Certifications specified in the City of
Gilroy Stormwater Management Guidance Manual (latest edition).
b. At improvement plan phase, confirm that the bioretention basin locations shown
on the Stormwater Control Plan match with the locations shown on the Landscape
Plans.
c. Prior to building permit issuance, the Developer of the site shall enter into a
formal written Stormwater BMP Operation and Maintenance Agreement with the
City.
i. The City shall record this agreement against the property or properties
involved and it shall be binding on all subsequent owners of land served by
the stormwater management treatment BMPs. The City- standard
Stormwater BMP Operation and Maintenance Agreement will be provided
by Public Works Engineering.
ii. This Agreement shall require that the BMPs not be modified and BMP
maintenance activities not alter the designed function of the facility from its
original design unless approved by the City prior to the commencement of
the proposed modification or maintenance activity.
iii. This Agreement shall also provide that in the event that maintenance or
repair is neglected, or the stormwater management facility becomes a danger
to public health or safety, the city shall have the authority to perform
maintenance and/or repair work and to recover the costs from the owner.
iv. All on -site stormwater management facilities shall be operated and
maintained in good condition and promptly repaired/replaced by the
property owner(s) or other legal entity approved by the City.
V. Any repairs or restoration/replacement and maintenance shall be in
accordance with City- approved plans.
vi. The property owner(s) shall develop a maintenance schedule for the life of
any stormwater management facility and shall describe the maintenance to
be completed, the time period for completion, and who shall perform the
maintenance. This maintenance schedule shall be included with the
approved Stormwater Runoff Management Plan.
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d. Stormwater BMP Inspections will be required for this project and shall adhere to
the following:
i. The property owner(s) shall be responsible for having all stormwater
management facilities inspected for condition and function by a
knowledgeable third party.
ii. Unless otherwise required by the City Engineer or designee, stormwater
facility inspections shall be done at least twice per year, once in Fall, in
preparation for the wet season, and once in Winter. Written records shall be
kept of all inspections and shall include, at minimum, the following
information:
1. Site address;
2. Date and time of inspection;
3. Name of the person conducting the inspection;
4. List of stormwater facilities inspected;
5. Condition of each stormwater facility inspected;
6. Description of any needed maintenance or repairs; and
7. As applicable, the need for site re- inspection.
e. Upon completion of each inspection, an inspection report shall be submitted to
Public Works Engineering no later than October 1St for the Fall report, and no
later than March 15th of the following year for the Winter report.
f. Before commencing any grading or construction activities, the developer shall
obtain a National Pollutant Discharge Elimination System (NPDES) permit and
provide evidence of filing of a Notice of Intent (NOI) with the State Water
Resources Control Board.
63. WATER QUALITY - The developer is responsible for ensuring that all contractors
are aware of all storm water quality measures and implement such measures. Failure
to comply with the approved construction BMPs will result in the issuance of
correction notices, citations or a project stop order.
64. UTILITIES - All service to the development shall be an "underground service"
designed and installed in accordance with the Pacific Gas and Electric Company,
AT &T (phone) Company and local cable company regulations. Transformers and
switch gear cabinets shall be placed underground unless otherwise approved by the
Planning Director and the City Engineer. Underground utility plans must be
submitted prior to installation.
65. UTILITIES - Improvement plans are required for all on -site and off -site
improvements. The following items will need to be completed prior to first building
permit submittal:
a. The Developer shall provide joint trench composite plans for the underground
electrical, gas, telephone, cable television, and communication conduits and
cables including the size, location and details of all trenches, locations of building
utility service stubs and meters and placements or arrangements of junction
structures as a part of the Improvement Plan submittals for the project. Show
preferred and alternative locations for all utility vaults and boxes if project has not
obtained PG &E approval. A licensed Civil or Electrical Engineer shall sign the
composite drawings and/or utility improvement plans. (All dry utilities shall be
placed underground).
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b. The Developer shall negotiate right -of -way with Pacific Gas and Electric and
other utilities subject to the review and approval by the Engineering Division and
the utility companies.
c. Will Serve Letter" from each utility company for the subdivision shall be supplied
to the City.
66. UTILITIES - A note shall be placed on the joint trench composite plans which states
that the plan agrees with City Codes and Standards and that no underground utility
conflict exists. The Joint consultant shall provide the City a separate "project utility
composite plan" showing all Civil, Landscape, electrical, and joint trench
information to confirm that there are no conflicts with joint trench plan utilities.
67. UTILITIES - Storm and sewer lines in private areas shall be privately owned and
maintained by the HOA, unless approved by the Public Works Director.
68. Prior to any construction of the dry utilities in the field, the following will need to be
supplied to the City:
i. A professional engineer- original electrical plan.
ii. A letter from the design Electrical or Civil Engineer that states the electrical
plan conforms to City codes and Standards, and to the approved subdivision
improvement plans.
69. UTILITIES - Sanitary sewer laterals and/or water meters located in driveways shall
have traffic rated boxes and lids.
70. UTILTIES - The Developer /Contractor shall make accessible any or all City utilities
as directed by the Public Works Director.
71. UTILTIES - All mainline storm drain piping shall have a minimum diameter of 18
inches and the lateral connections shall have a minimum diameter of 15 inches.
72. UTILTIES - The Developer /Applicant shall obtain a SCVWD permit for any new
recycled water mains connected to the existing Gilroy Water Reclamation Facility
system.
73. UTILTIES — All recycled water system improvements, including appurtenances, shall
be located within a PSE.
74. WATER CONSERVATION - The project shall fully comply with the measures
required by the City's Water Supply Shortage Regulations Ordinance (Gilroy City
Code, Chapter 27, Article VI), and subsequent amendments to meet the requirements
imposed by the State of California's Water Board. This ordinance established
permanent voluntary water saving measures and temporary conservation standards.
75. WATER - All construction water from fire hydrants shall be metered and billed at the
current hydrant meter rate.
76. WATER CONSERVATION - Recycled water shall be used for construction water,
where available, as determined by the Public Works Director. Recycled water shall
be billed at the municipal industrial rate based on the current Santa Clara Valley
Water District's municipal industrial rate.
77. WATER - Where recycled water is not available, as determined by the Public Works
Director, potable water shall be used. All City potable water will be billed based on
the City's comprehensive fee schedule under the Portable Fire hydrant meter rate.
78. WATER - The Developer shall perform field verification testing of the water system
and will modify any part of the systems that does not perform to the standards
established by the City.
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79. CONSTRUCTION BMP - It is the responsibility of the contractor to make sure that
all dirt tracked into the public right -of -way is cleaned up on a daily basis. Mud, silt,
concrete and other construction debris shall not be washed into the City's storm
drains.
80. CONSTRUCTION BMP - Blowing dust shall be reduced by timing construction
activities so that paving and building construction begin as soon as possible after
completion of grading, and by landscaping disturbed soils as soon as possible.
Further, water trucks shall be present and in use at the construction site. All portions
of the site subject to blowing dust shall be watered as often as deemed necessary by
the City, or a minimum of three times daily, or apply (non- toxic) soil stabilizers on all
unpaved access roads, parking areas, and staging areas at construction sites in order to
insure proper control of blowing dust for the duration of the project. Watering on
public streets shall not occur. Streets will be cleaned by street sweepers or by hand as
often as deemed necessary by the Public Works Director, or at least once a day.
Watering associated with on -site construction activity shall take place between the
hours of 8 a.m. and 5 p.m. and shall include at least one late - afternoon watering to
minimize the effects of blowing dust. All public streets soiled or littered due to this
construction activity shall be cleaned and swept on a daily basis during the workweek
to the satisfaction of the Public Works Director. Demolition or earthwork activities
shall be halted when wind speeds (instantaneous gusts) exceed 25 MPH. All trucks
hauling soil, sand, or other loose debris shall be covered.
81. GENERAL CONSTRUCTION - If the project has excess fill or cut that will be off -
hauled to a site or on- hauled from a site within the city limits of Gilroy, an additional
permit is required. This statement must be added as a general note to the Grading and
Drainage Plan.
82. GENERAL CONSTRUCTION - The minimum soils sampling and testing frequency
shall conform to Chapter 8 of the Caltrans Construction Manual. The subdivider shall
require the soils engineer to daily submit all testing and sampling and reports to the
City Engineer.
83. GENERAL CONSTRUCTION — Prior to Final Map approval, the
Developer /Applicant shall submit a proposed construction phasing and schedule for
approval by the City Engineer. Schedule format shall be Microsoft Prospect, and
shall identify the scheduled critical path for the installation of improvements. The
schedule shall be updated weekly.
84. GENERAL CONSTRUCTION - At least one week prior to commencement of work,
the Developer shall post at the site and mail to the Engineering Division and to
owners of property within (300') three hundred feet of the exterior boundary of the
project site a notice that construction work will commence on or around the stated
date. The notice shall include a list of contact persons with name, title, phone number
and area of responsibility. The person responsible for maintaining the list shall be
included. The list shall be current at all times and shall consist of persons with
authority to initiate corrective action in their area of responsibility. The names of
individuals responsible for dust, noise and litter control shall be expressly identified
in the notice.
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85. GENERAL CONSTRUCTION - Prior to final inspections, all pertinent conditions of
approval and all improvements shall be completed to the satisfaction of the Planning
Director and City Engineer.
86. GENERAL CONSTRUCTION - All work shown on the improvement plans shall be
inspected. Uninspected work shall be removed as deemed appropriate by the Public
Works Director.
87. GENERAL CONSTRUCTION - All public improvements, including the complete
installation of all improvements relative to streets, fencing, sanitary sewer, storm
drainage, water system, underground utilities, etc., shall be completed and attested to
by the City Engineer before approval of occupancy of any unit. Where facilities of
other agencies are involved, such installation shall be verified as having been
completed and accepted by those agencies.
88. GENERAL CONSTRUCTION - Construction activity shall be restricted to the period
between 7:00 a.m. to 7:00 p.m. Mondays through Fridays, Saturday 9:00 a.m. to 7:00
p.m. for general construction activity. No work shall be done on Sundays and City
Holidays. The Public Works Director may apply additional construction period
restrictions, as necessary, to accommodate standard commute traffic along arterial
roadways and along school commute routes.
89. GENERAL CONSTRUCTION - The City shall be notified at least two (2) working
days prior to the start of any construction work and at that time the contractor shall
provide a project schedule and a 24 -hour emergency telephone number list.
90. CONSTRUCTION PARKING - No vehicle having a manufacturer's rated gross
vehicle weight exceeding ten thousand (10,000) pounds shall be allowed to park on
the portion of a street which abuts property in a residential zone without prior
approval from the Public Works Director (§ 15.40.070).
91. MONUMENTS – All monuments shall be set per the recorded final map. A
certificate letter by the Surveyor or Engineer will be provided to the City Engineer.
92. ACCEPTANCE - Certification of grades and compaction is required prior to Building
Permit final. This statement must be added as a general note to the Grading and
Drainage Plan.
93. ACCEPTANCE - Until such time as all improvements required are fully completed
and accepted by City, Developer will be responsible for the care maintenance of and
any damage to such improvements. City shall not, nor shall any officer or employee
thereof, be liable or responsible for any accident, loss or damage, regardless of cause,
happening or occurring to the work or Improvements required for this project prior to
the completion and acceptance of the work or Improvements. All such risks shall be
the responsibility of and are hereby assumed by the Developer.
FIRE DEPARTMENT CONDITIONS
The following conditions shall be shown or included on off -site improvement plans as
"Fire Department Notes." Prior to street completion, the Fire Marshal shall be contacted
and a fire clearance for off -site improvements shall be scheduled. No building permits
will be issued without a Fire — Off -Site Improvement Inspection and Fire Flow Test
administered by the Fire Marshal.
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94. The applicant shall maintain Fire Department access during all phases of the
proj ect.
95. The applicant shall maintain a minimum clear width for fire department access
roads of 20 feet (6,096 mm).
96. When parking is permitted on streets, in both residential /commercial applications,
it shall conform to the following:
a. Parking is permitted on both sides of the street with street widths of 36 feet
or more.
b. Parking is permitted on one side of the street with street widths of 28 to 35
feet.
c. No parking is permitted when street widths are less than 28 feet.
97. The applicant shall maintain access to fire hydrants during all phases of the
project.
98. Fire Hydrants shall be able to flow 1500 gpm with a 20 psi residual pressure.
99. Street Hydrants shall be spaced every 300 ft, and within 150 ft of any building.
100. Offsite improvement plans shall provide Fire Hydrants per the City Standard.
101. Hydrants or other water source shall be installed prior to commencement of
construction with combustible materials.
102. Fire Department access shall be phased in accordance with an approved
construction phasing plan.
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I, SHAWNA FREELS, City Clerk of the City of Gilroy, do hereby certify that the
attached Resolution No. 2018 -09 is an original resolution, or true and correct copy of a city
Resolution, duly adopted by the Council of the City of Gilroy at a regular meeting of said
Council held on the 7th day of May, 2018, at which meeting a quorum was present.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Official Seal of
the City of Gilroy this 8th day of M4y, 2018.
S44 a Freels, MMC v
City Clerk of the City of Gilroy
(Seal)